Phelps Dodge Corporation v. Occupational Safety And Health Review Commission

725 F.2d 1237 11 O.S.H. Cas.(BNA) 1769, 1984 O.S.H.D. (CCH) P 26,800 PHELPS DODGE CORPORATION, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Raymond J. Donovan, Secretary of Labor, and United Steelworkers of America, AFL-CIO, and Local Union 616, Respondents. No. 83-7321. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1984. Decided Feb. 14, 1984. Stephen W. Pogson, Evans, Kitchel & Jenckes, Phoenix, Ariz., for petitioner. Andrea Casson, Mary Win-O'Brien, U.S. Dept. of Labor, Washington, D.C., for respondents. On Petition for Review of Decision of the Occupational Safety and Health Review Commission. Before ANDERSON, SKOPIL and FERGUSON, Circuit Judges. FERGUSON, Circuit Judge. 1 Phelps Dodge Corporation appeals from the decision of the Occupational Safety and Health Review Commission (the Commission) upholding a citation for violation of the inorganic arsenic standard, 29 C.F.R. Sec. 1910.1018. On appeal we are asked to determine whether the inorganic arsenic standard requires an employer to compensate employees for their time and to assume the costs incurred by employees in taking medical examinations scheduled during…